Jones v. Albright et al

Filing 37

ORDER ADOPTING 34 REPORT AND RECOMMENDATION. This 1 Petition for Writ of Habeas Corpus is dismissed as time-barred. Pet is is not entitled to a certificate of appealability &, therefore, not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 10/20/2011. (copy mailed to Pet on 10/20/11) (tot) Modified on 10/20/2011 (tot).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BEVERLY JO JONES, : : : : : : : : : Petitioner, vs. FRANK ALBRIGHT, Respondent. CIVIL ACTION 11-0134-CG-M ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that this habeas petition be dismissed as time-barred. It is further ORDERED that Petitioner is not entitled to a certificate of appealability and, therefore, not entitled to appeal in forma pauperis. DONE this 20th day of October, 2011. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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